87-ERA-37

In the Matter of

DUANE SARTAIN,
    Claimant

    v.

BECHTEL CONSTRUCTORS CORP.,
    Employer

   In my Recommended Decision and Order of January 14, 1988, I noted Claimant's attorney had requested attorney fees for 100 hours at $120.00 per hour but had not documented the hourly rate; I requested the attorney hours be documented. In a letter of February 2, 1988, Claimant's counsel forwarded an only fairly well documented list of hours worked each of which was apparently rounded off, since all hours requested were "whole" hours. Moreover, the least number of hours charged in any one day is four. This is highly unusual. I must assume either that Claimant's counsel has omitted charging for such routine matters as mere phone calls when not connected with other attorney work, or that counsel has "puffed" hours worked. However, counsel for Employer has not objected. Counsel for Claimant has demonstrated a high level of competence in bringing forth a case requiring substantial amount of time marshalling evidence. As pointed out in my decision, the amount of the award was not high. On the other hand, my understanding was that Employer (as well as Claimant) has been unwilling to settle the matter. Counsel should not be punished under such circumstances. I find the amount applied for $9,100.00, is not unreasonable.

   Employer, Bechtel Constructors Corporation shall pay Robert L. Wilson, Esq. the amount of $9,100.00 as reasonable attorney fees and expenses.

       JOHN C. HOLMES
       Administrative Law Judge

Dated: JULY 07 1988
Washington, D.C.